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Commercial tenant - no lease - 7 years in situ

  • 12-05-2014 7:35am
    #1
    Registered Users, Registered Users 2 Posts: 4,539 ✭✭✭


    Hi all,

    Do the rights of a commercial tenant change if they have been in occupation without a lease for more than five years? I have this thing in the back of my head that once a tenant is in place more than five years the ability of the landlord to issue 30 days notice, rent increases etc diminish considerably or conversely the tenant gains some statutory protections which they would not have had if they were in occupation less than five years.

    Would really appreciate it if someone would confirm/clarify my understanding in relation to this and/or link to a summary of the differences between a tenant with less than five years occupation and one with more than five years occupation.

    Cheers,

    Ben


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Unless a tenant has renounced the right to renew a business lease, then, after five years of occupation, the tenant will have business equity, which is a right to renew the lease for a period of up to twenty years.

    http://www.dilloneustace.ie/download/1/Leased%20Business%20Premises%20-%20The%20Right%20to%20Renew%20a%20Tenancy.pdf


  • Registered Users, Registered Users 2 Posts: 4,539 ✭✭✭BenEadir


    Unless a tenant has renounced the right to renew a business lease, then, after five years of occupation, the tenant will have business equity, which is a right to renew the lease for a period of up to twenty years.

    http://www.dilloneustace.ie/download/1/Leased%20Business%20Premises%20-%20The%20Right%20to%20Renew%20a%20Tenancy.pdf

    Hi Mustard, (I'm a mustard nut as it happens as are my entire family!!!)

    What if the tenant never had a lease in the first place? I wonder what happens then? I'l read the document you linked to and see what it says!!

    Ben


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    BenThere wrote: »
    Hi Mustard, (I'm a mustard nut as it happens as are my entire family!!!)

    What if the tenant never had a lease in the first place? I wonder what happens then? I'l read the document you linked to and see what it says!!

    Ben

    Rather a big fan of the condiment myself, actually.

    I think that you probably mean no written lease, rather than no lease at all.

    The tenant had to have been in occupation under some arrangement. If he was paying rent, there may have been a lease.


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